Law:

Section:

(a) Criminal Procedure Code (V of 1808)-----S. 476--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider whether Sessions Judge was justified in dismissing appellant's application under S. 476, Cr. P.C. on the ground that an earlier complaint filed by him had already been dismissed and whether High Court was justified in dismissing his application for leave to appeal. (b) Criminal Procedure Code (V of 1898)-- ---S. 476--Penal Code (XLV of 1860), Ss. 195, 196, 205 & 211--Private complaint of appellant under Ss.195, 196, 205 & 211, Penal Code dismissed by Sessions Judge for want of an order from concerned Court under S. 476, Cr.P.C.--Order of Sessions Judge dismissing application of appellant under S.476, Cr.P.C. and impugned order of High Court refusing leave to appeal found to be based on misconception that the said application was also a private complaint like the one filed by him earlier--Reading of the said application showing that though it did not mention so in the heading, it was in fact an application to Trial Court under S.476, Cr.P.C.--Lodging of false reports and making false allegations though a matter of daily occurrence and persons falsely involved in criminal cases were almost invariably acquitted, yet hardly any one takes up the courage to go through the ordeal of another court proceeding to vindicate his honour and to restore his dignity in the society--Appellant, apparently a person who had been deeply hurt by -the insult and indignity heaped upon him by complainant and witnesses who made false statements arid manufactured false evidence against him, besides being also handicapped by the fact that he could not afford to have a trained lawyer to assist him in prosecuting his case--Appeal allowed and application of appellant under S. 476, Cr.P.C. remanded to Trial Court for proper inquiry and action in accordance with law. JUDGMENT ASLAM RIAZ HUSSAIN, J.--Facts giving rise to this appeal are briefly that Muhammad Fareedun, appellant, was involved by Gohar Aman in a case under section 11/16 of the Offence of Zina (Enforcement of Hudood), Ordinance VII of 1979, vide F.I.R. No.42 dated 29-6-1981, alleging inter…

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